Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77139 of 2019 Arising Out of PS. Case No.-377 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Amit Kumar (M), aged about 28 years, S/o Ramesh Paswan R/o VillageBelain, P.S.- Nabinagar, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Town P.S. Case No. 377 of 2019 registered for offences under sections 30(a) of the Excise Act, 2018. As per prosecution case, on 1.10.2019 at 6 AM, the Informant along with other police force proceeded for the patrolling duty, when the Informant reached on GT Road, he saw that on seeing the police party, the driver of a vehicle bearing registration no. BR26PA 4805 was fleeing from there, on search, 2060 pouches each of 200 ml. Country made liquor were recovered. Thereafter, the Informant received an information that one blue color Maruti Car has met with an

Patna High Court CR. MISC. No.77139 of 2019(2) dt.27-11-2019 2/3 accident. The Informant went there and found one Maruti Car bearing Registration No. BR16K 3483 lying in the ditch. On search of the Maruti Car, 1100 pouches each of 200 ml country made liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is the owner of the Maruti vehicle bearing Reg. No. BR16K 3483 but, petitioner has no concern with the seized liquor and has wrongly been implicated in the present case. The petitioner is in custody since 1.10.2019. Looking to the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII cum Special Judge (Excise), Aurangabad in connection with Town P.S. Case No.

377 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below.

Patna High Court CR. MISC. No.77139 of 2019(2) dt.27-11-2019 3/3 liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Town police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.

(Shivaji Pandey, J) rishi/- U T